{"id":"F2010L03359","name":"Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (FaHCSIA) Determination 2010","slug":"social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85747,"registerId":"commonwealth-F2010L03359-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (FaHCSIA) Determination 2010","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n# Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (FaHCSIA) Determination 2010\n\nSocial Security Act 1991\n\nI, FIONA SAWYERS, Acting Branch Manager, Seniors and Means Test Branch, Department of Families, Housing, Community Services and Indigenous Affairs, make this Determination under paragraph 8(11)(d) of the Social Security Act 1991.\n\n \n\nDated this 20th day of December 2010\n\n \n\n \n\n \n\nFiona Sawyers\n\nActing Branch Manager, Seniors and Means Test Branch\n\n \n\n1 Name of Determination\n\n This Determination is the Social Security (Exempt Lump Sum) (Payments to former residents in South Australian State care) (FaHCSIA) Determination 2010.\n\n2 Commencement\n\n This Determination commences on the day after it is registered.\n\n3                   Application\n\nThis Determination applies to an ex-gratia payment made before, on or after the commencement of this Determination.\n\n4                                 Definition\n\n In this Determination:\n\n Ex-gratia payment means a payment:\n\n(a)            of up to $50,000 made by the South Australian Attorney‑General under the Victims of Crime Act 2001(SA) from the Victims of Crime Fund set up under that Act to individuals who have suffered sexual abuse as children while in State care;\n\n(b)            of up to $750 made from the same Fund for the payment of legal fees incurred in obtaining legal advice for the purposes of signing the deed of Settlement and Release in relation to a payment mentioned in paragraph (a).\n\n5                      Exempt Lump Sums\n\n For paragraph 8 (11) (d) of the Social Security Act 1991, an ex-gratia payment is an exempt lump sum.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2344},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The determination remains tightly focused on its original purpose of exempting specific South Australian ex-gratia payments to victims of institutional child sexual abuse from social security means testing."},"complexity_factors":["Only 5 operative sections","Single defined term ('ex-gratia payment') with straightforward monetary caps","No exceptions, conditions, or nested logic","Minimal cross-referencing (only to empowering provision and SA legislation)"],"plain_english_summary":"This instrument declares certain South Australian ex‑gratia payments to former State care residents who suffered childhood sexual abuse — up to $50,000 in compensation plus up to $750 for legal advice — to be exempt lump sums under the Social Security Act.  \n\nThat means these payments aren’t counted as income or assets for Centrelink, so recipients won’t lose or have delayed social security entitlements; it applies regardless of when the payment was made."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-","history":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-/history","analysis":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-/analysis","conflicts":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-/conflicts","importantCases":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-/important-cases","documents":"/api/acts/social-security-exempt-lump-sum-payments-to-former-residents-in-south-australian-state-care-fahcsia-/documents"}}